Pennsylvania Record

Tuesday, October 22, 2019

Judge orders more info in case of boy injured at Philadelphia Zoo playground

Lawsuits

By Nicholas Malfitano | Jan 29, 2019


Picture of playground before they removed the broken bridge that kept the playground off limits for almost the entire 2012-2013 school year. | Latonia Elementary

PHILADELPHIA – Per an order from a state court judge, more detailed discovery information will soon be due in the case of a Philadelphia couple whose son was allegedly injured on playground equipment at the Philadelphia Zoo.

According to an expedited case management order issued by Philadelphia County Court of Common Pleas Judge John M. Younge on Nov. 26, it directed that a motion filed by plaintiffs Michael A. Fiscaro and Deanna Fiscaro would be granted. 

Furthermore, it called for full, complete responses to their interrogatories and request for production of documents and responsive documents, as outlined in their deficiency letter on Oct. 22. Finally, it stated that failure to comply with the order by a deadline of March 4 may result in the imposition of appropriate sanctions on further application to the court.

The Fiscaros (individually and as parents/natural guardians of minor Dominic Fiscaro) of Sewell, N.J. first filed suit in the Philadelphia County Court of Common Pleas on May 3 versus Zoological Society of Philadelphia (doing business as “The Philadelphia Zoo”) and Vance Washington, both of Philadelphia.

On Oct. 23, 2016, the suit says Deanna and Dominic were visiting The Philadelphia Zoo as part of its “Boo At The Zoo” event, and Dominic used the defendant’s large jungle gym, which included an enclosed, spiraling slide. When Dominic used the slide, his sneakered foot caused him to suddenly stop at a turn/curve in the slide, violently fracturing his ankle, the suit says.

“His mother carried him to a bench and defendant’s employee procured a golf cart with which to transfer Dominic and his mother to their car. Defendants caused plaintiff’s ankle injuries by failing to supervise the use of the slide and failing to identify size/height and footwear restrictions for users of the slide. Dominic is now at risk for growth plate deformity, arthritis and other medical issues related to this trauma,” according to the lawsuit.

For counts of negligence versus all defendants, the plaintiffs are seeking special and compensatory damages in excess of $50,000, plus interest, costs, Rule 238 delay damages and such other just and equitable relief as the Court deems proper in this matter.

The plaintiffs are represented by Leonard G. Villari of Villari Lentz & Lynam, in Philadelphia.

The defendant is represented by Paul C. Troy of Kane Pugh Knoell Troy & Kramer, in Norristown.

Philadelphia County Court of Common Pleas case 180405109

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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Philadelphia County Court of Common Pleas

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